[HISTORY: Adopted by the Township Committee of the Township
of Union 11-26-2013 by Ord. No. 5284 (Ch. 252 of the 2004 Code); amended
in its entirety 5-23-2023 by Ord. No. 5768. Subsequent amendments
noted where applicable.]
The provisions of N.J.S.A. 40:48-2.60 et seq. shall hereby be
incorporated by reference.
A.
Bins may not exceed six feet by six feet square.
B.
Bins must display the following:
(1)
The name and address of the registered person that owns the
bin and of any other entity which may share or profit from any clothing
or other donations collected via the bin.
(2)
The permit number and its date of expiration shall be clearly
and conspicuously displayed on the exterior of the donation clothing
bin.
(3)
The telephone number of the person's bona fide office and,
if applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin.
(4)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations.
(5)
A statement, consistent with the information provided to the
appropriate municipal agency in the most recent permit or renewal
application, indicating the manner in which the person anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed, and the method by which the proceeds of collected
donations would be allocated or spent.
C.
Bin location.
(1)
Bins may not occupy a required parking space.
(2)
Bins may not be located in or obstruct drive aisles, pedestrian
walkways, sight triangles, or in any other way be located so as to
constitute a safety hazard.
(3)
In accordance with N.J.S.A. 40:48-2.61, the appropriate municipal
agency shall not grant an application for a permit to place, use,
or employ a donation clothing bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
A.
No person shall be permitted to place, use or employ a donation
bin for solicitation of clothing or any other thing of value on any
property located in the Township unless a permit is first obtained.
B.
In accordance with N.J.S.A. 40:48-2.61, in applying for such a permit,
the person shall include:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(3)
The name, and telephone number of the bona fide office required pursuant to Subsection B of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(4)
Written consent from the property owner to place the bin on his property.
C.
The initial application fee for a permit pursuant to this chapter
shall be $25 and shall be valid from the date of issuance until December
31 of the same year the initial permit was issued.
A.
The appropriate municipal agency within the municipality in which
a donation clothing bin has been placed shall receive and investigate,
within 30 days, any complaints from the public about the bin.
B.
Whenever it appears to the appropriate municipal agency that a person
has engaged in, or is engaging in, any act or practice in violation
of N.J.S.A. 40:48-2.61 or this chapter, the person who placed the
bin shall be issued a warning stating that if the violation is not
rectified or a hearing with the appropriate municipal agency is not
requested within 45 days, the bin will be seized or removed at the
expense of the person who placed the bin, and any clothing or other
donations collected via the bin will be sold at public auction or
otherwise disposed of. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
C.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the appropriate municipal agency may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the municipality.
D.
Penalties. The seizure of a bin shall be subject to a penalty of
up to $20,000 for each violation, and such person shall be deemed
ineligible to place, use, or employ a donation clothing bin for solicitation
purposes, in accordance with N.J.S.A. 40:48-2.63.
E.
In accordance with Subsections B and C above, if the Township is unable to locate the owner of the bin after conducting its due diligence, it shall remove the bin and impound it until the owner can be reached and the bin can be claimed. If the owner of the bin has not been successfully located within 30 days after removal, the bin will be disposed of in accordance with solid waste disposal regulations. Due diligence shall be described as a reasonable attempt to locate the owner. An attempt shall be made to contact the owner by regular and certified mail.
